SHIMLA: The High Court of Himachal Pradesh has held that a person holding driving license entitled to drive Light Motor Vehicle(LMV) is also entitled to drive transport or non-transport LMV without requirement of any endorsement to that effect.
Justice Vivek Singh Thakur passed this order on an appeal filed by Oriental Insurance Company, assailing the order passed by the Commissioner (SDM), Under Workmen Compensation Act, Sarkaghat, District Mandi, H.P.
The facts of the case are that deceased Raj Paul was engaged as a driver by Chander Kumar on Pickup Jeep. The deceased met with an accident on 03.12.2003.
The licence of deceased Raj Paul was valid for driving Motorcycle, Scooter as well as Light Motor Vehicle (LMV) Non-Transport only. The vehicle involved in the accident is a Goods Carrying Commercial Vehicle.
But this falls in category of LMV, in terms of Motor Vehicles Act.
Certificate-cum-Policy Schedule of Insurance Policy, valid from 06.02.2003 to 05.02.2004, was issued by appellant Insurance Company in favour of one Sunil Verma.
The counsel for the Insurance Company has submitted that deceased Raj Paul was employed by Chander Kumar, but not by Sunil Verma, who was registered owner of the vehicle and in whose name Insurance Policy was issued.
It was further contended that being holder of licence valid for LMV (NTPT), deceased was not authorized to drive vehicle in question which was a transport vehicle.
The counsel for the claimants submitted that deceased Raj Paul was employed by Chander Kumar, who was actual owner of the vehicle at the relevant point of time and relationship of employer and employee between him and deceased Raj Paul is an admitted fact.
It was further submitted that in view of Section 157 of the M.V. Act, with transfer of ownership of a motor vehicle, policy of insurance relating thereto, certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer.
In present case, licence has been issued for driving LMV with endorsement of non transport. However, Court held that there is no provision in M.V. Act to make endorsement of ‘LMV non transport’.
There is only category i.e. LMV. The Court held that Workmen Compensation Commissioner has rightly held that Insurance Company is liable to indemnify the claimants for compensation payable to them as determined by the Workmen Compensation Commissioner.
The Court found the appeal devoid of merit and dismissed the same.
